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CP 2003-06-24 NOTICE OF CITY COUNCIL MEETING AND AGENDA JUNE 24, 2003 DOUG STOVER, JAYNE PETERS, Place 2 Mayor Mayor Pro Tem TIM BRANCHEAU, Place 1 BILLY FAUGHT, Place 5 DIANA RAINES, Place 3 THOM SUHY, Place 6 MARSHA TUNNELL, Place 4 BILL YORK, Place 7 JIM WITT, City Manager MEETING TIME AND PLACE: Call to Order 6:00 p.m. Council Chambers (Open to the Public) Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public) Regular Session 7:00 p.m. Council Chambers (Open to the Public) Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session on Tuesday, June 24, 2003, at 6:00 p.m. for Work Session, and Regular Session will begin at 7:00 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The City of Coppell reser ves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: ITEM # ITEM DESCRIPTION REGULAR SESSION (Open to the Public) 1. Call to order. ag062403 Page 1 of 4 ITEM # ITEM DESCRIPTION WORK SESSION (Open to the Public) 2. Convene Work Session A. Discuss Board/Commission Interviews. 1. Economic Development Committee. B. Discuss Council Communications. C. Review draft Goals and Objectives for FY2004. D. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 3. Invocation. 4. Pledge of Allegiance. 5. Consider approval of a proclamation naming Saturday, June 28, 2003 MARTIAL ARTS DAY in the city of Coppell, and authorizing the Mayor to sign. 6. Repor t by Library Board. 7. Citizen's Appearances. CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: June 10, 2003. B. Consider approval of City of Coppell Change Order #1 to the Belt Line Road Project #ST 93-04 in the amount of $98,628.20 as provided for in CIP Funds; and authorizing the City Manager to sign. C. Consider approval of an Ordinance amending the Cable Franchise Ordinance by adding Section 11(h) for Customer Ser vice Requirements and authorizing the Mayor to sign. END OF CONSENT 9. Consider award of bid no. Q-0503-01 for erosion control repairs along Denton Creek at Magnolia Park, to Craig Olden, Inc. in the amount not to ag062403 Page 2 of 4 ITEM # ITEM DESCRIPTION exceed $213,219.00; and authorizing the City Manager to execute the appropriate documents. 10. Consider approval of entering into a contract with Huitt-Zollars, Inc. for the design of Coppell Road from Cooper Lane nor th to Sandy Lake Road in an amount not to exceed $200,000 as provided for in CIP Funds; and authorizing the City Manager to sign. 11. Consider approval of an ordinance amending the Coppell Code of Ordinances by amending Chapter 9, Ar ticles 9-1, Animal Control; and authorizing the Mayor to sign. 12. Consider approval of a Resolution of the City Council of the City of Coppell amending Resolution No. 102699.1 creating the Coppell Economic Development Committee, providing for appointment of members; and authorizing the Mayor to sign. 13. Necessary action resulting from Work Session. 14. Mayor and Council Repor ts. A. Repor t by Mayor Stover regarding Council Retreat. B. Repo r t by Mayor Stover regarding July 4th Celebration. C. Repor t by Mayor Pro Tem Peters regarding TML Legislative Wrapup. 15. Council Committee Repor ts. A. Carrollton/Farmers Branch ISD/Lewisville ISD - Councilmember Suhy. B. Coppell ISD - Councilmembers Raines and York. C. Coppell Seniors - Councilmember York. D. Dallas Regional Mobility Coalition - Mayor Pro Tem Peters. E. Economic Development Committee - Mayor Pro Tem Peters and Councilmember Brancheau. F. Metrocrest Hospital Authority - Councilmember Tunnell. G. Metrocrest Social Service Center - Councilmember Brancheau. H. Nor th Texas Council of Governments - Councilmember Tunnell. I. NCTCOG - Emergency Management Planning Council - Councilmember Suhy. J. Nor th Texas Commission - Councilmember Tunnell. K. Senior Adult Ser vices - Councilmember Suhy. L. Town Center/Architectural Committee - Councilmember Faught. M. Trinity River Common Vision Commission - Councilmember Faught. N. Trinity Trail Advisor y Commission - Councilmember Raines. ag062403 Page 3 of 4 ITEM # ITEM DESCRIPTION 16. Necessary Action Resulting from Executive Session. Adjournment. ____________________________________ Douglas N. Stover, Mayor CERTIFICATE I cer tify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this _________ day of _________________, 2003, at __________________. ____________________________________ Libby Ball, City Secretar y DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC DOCUMENTS, COUNCIL PACKETS. PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724 Carrying of a concealed handgun on these premises or at any official political meeting in the City of Coppell is illegal. Es ilegal llevar consigo un arma de fuego oculta, adentro de este edificio, o en cualquier junta oficial de politica en la ciudad de Coppell. ag062403 Page 4 of 4 KEY TO COUNCIL GOALS ICONS 2002-2003 Economic Development • Ensure Competitiveness in industrial/commercial growth • Emphasize strategically identified properties • Implement Old Town development strategy • Retain excellent commercial/industrial uses • Increase visibility of commercial/industrial development opportunities w/development community Quality Public Facilities & Infrastructure • Maintained with adequate funding • Environmentally sound and appealing landscaping • Anticipate and plan for future needs • User friendly Excellent City Services & High Citizen Satisfaction • Provide timely and accurate information • Rapid Response and resolution • Identify, implement and measure service levels Hometown Feeling • Well-informed citizenry • Participation on boards and commissions, task forces and committees • Foster a family atmosphere • Active citizen involvement as partners • Strong sense of civic pride and identity as Coppell, TX • Encourage inclusiveness Quality Development • Preserve property values • Attract and retain development tenants • Emphasize code enforcement • Maintain community master plan with consideration of impact on city services and infrastructure • Maintain visual appeal Outstanding Leisure & Recreation Amenities & Programs • Maintain quality and safe parks • Inclusive opportunities, activities and facilities • Collaboration w/community groups • Promote and facilitate community events Effective Transportation • Responsive to neighborhood and regional needs and demands • Safe neighborhood streets • Effective traffic movement throughout the community • Evaluate need for regional transportation and determine city's role Safe Community • Safe neighborhoods • Visible and responsive police presence • Public safety education programs • Emphasize and educate for emergency preparedness • Participate in regional security preparation • Provide safe environment for recreation/leisure activities • Partner in school safety DATE: June 24, 2003 ITEM #: WS-2 AGENDA REQUEST FORM WORK SESSION A. Discuss Board/Commission Interviews. 1. Economic Development Committee. B. Discuss Council Communications. C. Review draft Goals and Objectives for FY2004. D. Discussion of Agenda Items. CM REVIEW: Agenda Request Form - Revised 10/02 Document Name: %worksession WORK SESSION The following needs input from Council: NAME OF BOARD/COMMISSION DATE/TIME INTERVIEW INTERVIEW COMMITTEE AMERICAN RED CROSS _____________ _______________________________ _______________________________ _______________________________ ANIMAL SERVICES APPEALS BD. _____________ _______________________________ _______________________________ _______________________________ BOARD OF ADJUSTMENT _____________ _______________________________ _______________________________ _______________________________ CONDUCT REVIEW BOARD _____________ _______________________________ _______________________________ _______________________________ COPPELL EDUCATION DEV. CORP. _____________ _______________________________ _______________________________ _______________________________ ECONOMIC DEV. COMMITTEE _____________ _______________________________ _______________________________ _______________________________ Interview schedule for work session 2003 KEEP COPPELL BEAUTIFUL. _____________ _______________________________ _______________________________ _______________________________ LIBRARY BOARD _____________ _______________________________ _______________________________ _______________________________ LIBRARY BOARD – YOUTH ADVISOR _____________ _______________________________ _______________________________ _______________________________ PLANNING & ZONING COMM. _____________ _______________________________ _______________________________ _______________________________ SPECIAL COUNSEL _____________ _______________________________ _______________________________ _______________________________ Interview schedule for work session 2003 KEY TO COUNCIL GOALS ICONS Economic Development - Focus on development “Hot Spots” - Develop comprehensive business retention plan - Develop partnerships to revitalize vacant retail properties - Make next level decisions on Old Coppell - Sense of Community - Develop and support community special events - Develop and support activities and programs for teens - Create opportunities for citizen involvement - Assess and finalize decision on community cemetery Safe Community - Maintain and improve on existing safety levels - Raise awareness and support for Homeland Security - Provide quality public safety education programs - Enhance traffic control efforts Quality Public Facilities & Infrastructure - Maintain and increase IMF funding as required - Maintain quality of public facilities - Provide quality park and recreation activities for all - Strategically plan for community’s future water needs Excellent City Services with High Citizen Satisfaction - Finalize assessment of Fire Department needs - Focus on employee retention - Timely responsiveness with quality delivery of service - Provide for feedback opportunities for and input from citizens Fiscal Stability - Continue systematic reduction and management of debt - Continue and improve financial planning and forecasting - Ensure community can financially maintain what had been developed - Continue to diversify the City’s tax base Effective Transportation - Reduce traffic congestion - Make policy decisions on regional transportation/DART - Support transportation issues related to air quality - Continue public education on regional transportation issues Neighborhood Integrity - Focus on code enforcement - Proactively monitor neighborhoods - Develop a communication plan with Homeowner Associations - Update Master Plan and zoning to ensure consistency DEPT: City Manager DATE: June 24, 2003 ITEM #: 5 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a proclamation naming Saturday, June 28, 2003 MARTIAL ARTS DAY in the city of Coppell, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: !Karate PROCLAMATION WHEREAS, the 2003 Isshinryu World Championships will be held in our area on Saturday, June 28, 2003, and this represents the only time in which the tournament has been held west of the Mississippi; and WHEREAS, Robert Kristensen brought his training and experience to North Texas in 1990 and soon after opened the Coppell Dojo, which is the largest Isshinryu school in the state of Texas; and WHEREAS, currently the Coppell Dojo has over 120 students and in 2001 was named Dojo of the Year – Worldwide for Isshinryu Karate; and WHEREAS, Robert Kristensen is the founder and chief instructor of Texas Isshinryu Karate Kai with over 30 years of experience in the Martial Arts, and now holds the rank of 7th Degree Black Belt; and WHEREAS, the publicity surrounding this tournament will bring awareness of what martial arts stands for: self-defense, physical fitness, and the main focus of growing in mind, body and spirit and striving for the perfection of one’s character. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby name Saturday, June 28, 2003 as MARTIAL ARTS DAY IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this _______ day of June 2003. _________________________________ Douglas N. Stover, Mayor ATTEST: _________________________ Libby Ball, City Secretary DEPT: City Secretary DATE: June 24, 2003 ITEM #: 6 AGENDA REQUEST FORM ITEM CAPTION: Report by the Library Board. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: %boardreport DATE: June 24, 2003 ITEM #: 7 AGENDA REQUEST FORM CITIZENS' APPEARANCES ORDINANCE NO. 2001-964 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City Council Meetings," be, and the same is hereby, amended to read as follows: "ARTICLE 1-10 RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS ". . . 1-10-6.2.1 CITIZENS APPEARANCE Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12). Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DEPT: City Secretary DATE: June 24, 2003 ITEM #: 8/A AGENDA REQUEST FORM ITEM CAPTION: Consider approval of minutes: June 10, 2003. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: %minutes CM061003 Page 1 of 15 MINUTES OF JUNE 10, 2003 The City Council of the City of Coppell met in Regular Called Session on Tuesday, June 10, 2003, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Jayne Peters, Mayor Pro Tem Tim Brancheau, Councilmember Diana Raines, Councilmember Billy Faught, Councilmember Thom Suhy, Councilmember Bill York, Councilmember Councilmember Tunnell was absent from the meeting. Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager. REGULAR SESSION (Open to the Public) 1. Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Concerning Abatement of Dangerous Conditions at 316 Leisure Lane. Mayor Stover convened into Executive Session at 5:36 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 5:50 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion and Review of Citizen Summit. CM061003 Page 2 of 15 B. Review of Open Meetings, Open Records and Code of Conduct Requirements. C. Discussion regarding Council Meeting Times. D. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Invocation. Pastor Rod Cullver, First Assembly of God Church, led those present in the Invocation. 5. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 6. Report and final recommendation by the Regional Transportation Task Force. Burt Bryan, Chair of RTTF, presented the recommendations of the Regional Transportation Task Force. 7. Presentation by Yanling Tang regarding sewer fees. This item was pulled from the agenda. 8. Citizen's Appearances. There was no one signed up for this item. CONSENT AGENDA 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: May 27, 2003. CM061003 Page 3 of 15 B. Consider approval of amending the contract with Turner Collie and Braden, Inc. for the design of Deforest Road and Sandy Lake Road Lift Stations and Force Main Improvements in an amount of $70,365 as provided for in water/sewer CIP funds; and authorizing the City Manager to sign. C. Consider approval of a Development Agreement between the City of Coppell and the United States Postal Service for the construction of ingress and egress to USPS property from Bethel School Road generally consisting of new driveways and the removal of existing driveways; and consider approval of a Resolution authorizing the City Manager to execute the Development Agreement and authorizing the Mayor to sign the Resolution. D. Consider approval of an Ordinance changing the street name of State Road to Freeport Parkway between Ruby and Sandy Lake Roads, effective January 1, 2005, and authorizing the Mayor to sign. E. Consider approval of a resolution accepting the bid of THBGP, Inc. for the purchase of 10± acres of property from the city of Coppell as depicted on Exhibit A, authorizing the City Manager and Mayor to execute the necessary documents to consummate the sale, and providing an effective date. Councilmember York moved to approve Consent Agenda Items A, B, C, D carrying Ordinance No. 2003-1036, and E carrying Resolution 2003-0610.2. Mayor Pro Tem Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Faught, Suhy and York voting in favor of the motion. 10. Consider approval of an Ordinance authorizing the issuance of City of Coppell, Texas Combination Tax and Revenue Certificates of Obligation, Series 2003 in the amount of $1,700,000 for purchasing of public land, approving an Official Statement, authorizing the execution of a purchase agreement, making provisions for the security thereof, and ordaining other CM061003 Page 4 of 15 matters relating to the subject and authorizing the Mayor to sign. Presentation: Jim Witt, City Manager, made a presentation to Council regarding the property. Boyd London, with First Southwest, made a presentation to the Council regarding Items 10 and 11. Action: Councilmember Brancheau moved to approve Ordinance No. 2003-1037 authorizing the issuance of City of Coppell, Texas Combination Tax and Revenue Certificates of Obligation, Series 2003 in the amount of $1,700,000 for purchasing of public land, approving an Official Statement, authorizing the execution of a purchase agreement, making provisions for the security thereof, and ordaining other matters relating to the subject and authorizing the Mayor to sign. Councilmember York seconded the motion; the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Faught, Suhy and York voting in favor of the motion. 11. Consider approval of an Ordinance authorizing the issuance of City of Coppell, Texas General Obligation Refunding Bonds, Series 2003, approving an Official Statement, authorizing the execution of a purchase agreement and an Escrow Agreement, and making provisions for the security thereof, and ordaining other matters relating to the subject and authorizing the Mayor to sign. Action: Councilmember Raines moved to approve Ordinance No. 2003-1038 approving the issuance of City of Coppell, Texas General Obligation Refunding Bonds, Series 2003, approving an Official Statement, authorizing the execution of a purchase agreement, and an Escrow Agreement, and making provisions for the security thereof, and ordaining other matters relating to the subject and authorizing the Mayor to sign. Councilmember Suhy seconded the motion; the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Faught, Suhy and York voting in favor of the motion. CM061003 Page 5 of 15 12. PUBLIC HEARING: Consider approval of Case No. S-1195B, Voice Stream, zoning change request from TC (Town Center) to TC-S-1195B (Town Center, Special Use Permit-1195B), to allow the replacement of an existing 70-foot light pole with an 80-foot light pole, including the placement of 3 flush-mounted telecommunication antennae and equipment building on property located in Andrew Brown Park Central. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Mayor Pro Tem Peters moved to close the Public Hearing and approve Case No. S-1195B, Voice Stream, zoning change request from TC (Town Center) to TC-S-1195B (Town Center, Special Use Permit-1195B), to allow the replacement of an existing 70-foot light pole with an 80-foot light pole, including the placement of 3 flush-mounted telecommunication antennae and equipment building on property located in Andrew Brown Park Central with the following conditions: 1) All development shall be in accordance with the site plan, elevations and other data provided herein. 2) Lease contract being agreed to by the City. Councilmember York seconded the motion; the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Faught, Suhy and York voting in favor of the motion. Item 21 was considered at this time. See Item 21 for minutes. 13. PUBLIC HEARING: CM061003 Page 6 of 15 Consider approval of the Nash Manor, Lot 2R, Block A, Replat, being a replat of Lots 2 and 3, Block A, into one lot to allow for the construction of a home and a water feature on 0.69 of an acre of property located at 128 Nash Street. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Raines moved to close the Public Hearing and approve the Nash Manor, Lot 2R, Block A, Replat, being a replat of Lots 2 and 3, Block A, into one lot to allow for the construction of a home and a water feature on 0.69 of an acre of property located at 128 Nash Street. Mayor Pro Tem Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Faught, Suhy and York voting in favor of the motion. 14. Consider approval of the Coppell Commerce Center, Lot 1R, Block 3, Site Plan, to allow the construction of an approximate 106,000 square-foot office/warehouse building on approximately 7.3 acres of property located at the southeast corner of Burns and Freeport Parkway. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Action: Councilmember York moved to approve the Coppell Commerce Center, Lot 1R, Block 3, Site Plan, to allow the construction of an approximate 106,000 square-foot office/warehouse building on approximately 7.3 acres of property located at the southeast corner of Burns and Freeport Parkway. Councilmember Suhy seconded the motion; the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Faught, Suhy and York voting in favor of the motion. CM061003 Page 7 of 15 15. PUBLIC HEARING: Consider approval of the revised Coppell Commerce Center, Lot 1R, Block 3, Replat, to allow the construction of an approximate 106,000 square-foot office/warehouse building on approximately 7.3 acres of property located at the southeast corner of Burns and Freeport Parkway. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember York moved to close the Public Hearing and approve the revised Coppell Commerce Center, Lot 1R, Block 3, Replat, to allow the construction of an approximate 106,000 square-foot office/warehouse building on approximately 7.3 acres of property located at the southeast corner of Burns and Freeport Parkway. Councilmember Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Faught, Suhy and York voting in favor of the motion. 16. PUBLIC HEARING (CONTINUED): Consider approval of an amendment to the Land Use Plan of the 1996 Comprehensive Master Plan from Light Industrial/Showroom to Freeway Commercial, and consider approval of Case No. ZC-614(CH), zoning change from LI (Light Industrial) to HC (Highway Commercial) on approximately 36.11 acres of property located north of S.H. 121, between Business S.H. 121 and Coppell Greens. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council informing them that the applicant had asked for a further continuance until July 9th. CM061003 Page 8 of 15 Action: Mayor Pro Tem Peters moved to continue this Public Hearing until July 9, 2003. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Faught, Suhy and York voting in favor of the motion. 17. PUBLIC HEARING: Consider approval of Case No. ZC-608R(CH), zoning change from C (Commercial) to SF-9 (Single Family-9) on approximately 11 acres of property located south of Sandy Lake; west of Denton Tap Roads. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that the applicant had signed up to speak on this proposal. Bill Dahlstrom, applicant, 901 Main Street, Dallas, spoke against this zoning change. Councilmember York called for an Executive Session at this time. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Stover convened into Executive Session at 7:55 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 7:59 p.m. and continued with Item 17. REGULAR SESSION (Open to the Public) CM061003 Page 9 of 15 Action: Councilmember Raines moved to close the Public Hearing and approve Case No. ZC-608R(CH) zoning change from C (Commercial) to SF-9 (Single Family-9) on approximately 11 acres of property located south of Sandy lake; west of Denton Tap Roads.. Councilmember York seconded the motion; the motion failed 0-6 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Faught, Suhy and York voting against the motion. 18. PUBLIC HEARING: Consider approval of an amendment to the Land Use Plan of the 1996 Comprehensive Master Plan from Regional Retail and Light Industrial/Showroom to Freeway Commercial, and consider approval of Case No. ZC-611(CH), zoning change from LI (Light Industrial) to HC (Highway Commercial) on approximately 56.5 acres of property located east of S.H 121 north and south of Sandy Lake Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that the applicant had signed up to speak on this proposal. Bill Dahlstrom, applicant, 901 Main Street, Dallas, spoke in favor of this zoning change. Action: Mayor Pro Tem Peters moved to close the Public Hearing and approve an amendment to the Land Use Plan of the 1996 Comprehensive Master Plan from Regional Retail and Light Industrial/Showroom to Freeway Commercial, and consider approval of Case No. ZC-611(CH) zoning change from LI (Light Industrial) to HC (Highway Commercial) on approximately 56.5 acres of property located east of S.H. 121 north and south of Sandy Lake Road. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Peters and CM061003 Page 10 of 15 Councilmembers Brancheau, Raines, Faught, Suhy and York voting in favor of the motion. 19. PUBLIC HEARING: Consider approval of an amendment to the Land Use Plan of the 1996 Comprehensive Master Plan from Light Industrial/Showroom to Mixed Use, and consider approval of Case No. ZC-615(CH), zoning change from LI (Light Industrial) to HC (Highway Commercial) on approximately 35 acres of property located east of MacArthur, south of Lake Vista Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that the applicant had signed up to speak on this proposal. Dan Anderson, applicant, 2728 N Harwood, spoke against this zoning change. Action: Mayor Pro Tem Peters moved to close the Public Hearing and approve an amendment to the Land Use Plan of the 1996 Comprehensive Master Plan from Light Industrial/Showroom to Mixed Use, and consider approval of Case No. ZC-615(CH), zoning change from LI (Light Industrial) to HC (Highway Commercial) on approximately 35 acres of property located east of MacArthur, south of Lake vista Drive. Councilmember Suhy seconded the motion; the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Faught, Suhy and York voting in favor of the motion. 20. Consider approval of a one-year extension to the expiration date of the Site Plan for Town Center Addition, Lot 2, Block 3, to allow the development of an approximately 12,975 square- foot retail/office building on 1.7 acres of property located along the east side of Denton Tap Road, approximately 475 feet south of Parkway Boulevard. CM061003 Page 11 of 15 Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Action: Mayor Pro Tem Peters moved to approve a one-year extension to the expiration date of the Site Plan for Town Center Addition, Lot 2, Block 3, to allow the development of an approximately 12,975 square-foot retail/office building on 1.7 acres of property located along the east side of Denton Tap Road, approximately 475 feet south of Parkway Boulevard. Councilmember York seconded the motion; the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Faught, Suhy and York voting in favor of the motion. 21. Consider approval of a Resolution suspending the proposed rate schedules of TXU Gas Distribution Company, providing that the rate schedules of said company shall remain unchanged during the period of suspension, providing for notice hereof to said company, and authorizing the Mayor to sign. Presentation: City Manager Jim Witt made a presentation to the Council. Action: Councilmember York moved to approve Resolution No. 2003-0610.3 suspending the proposed rate schedules of TXU Gas Distribution Company, providing that the rate schedules of said company shall remain unchanged during the period of suspension, providing for notice hereof to said company, and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion; the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Faught, Suhy and York voting in favor of the motion. 22. Consider approval of a Resolution to designate Bethel School Road from Denton Tap Road eastward to Heartz Rd. as a one- way street during construction; and authorizing the Mayor to sign. CM061003 Page 12 of 15 Presentation: Ken Griffin, Director of Engineering and Public Works, made a presentation to the Council. Action: Mayor Pro Tem Peters moved to approve Resolution No. 2003-0610.4 designating Bethel School Road from Denton Tap Road eastward to Heartz Rd. as a one-way street during construction; and authorizing the Mayor to sign. Councilmember Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Faught, Suhy and York voting in favor of the motion. 23. Necessary action resulting from Work Session. There was no action necessary under this item. 24. Mayor and Council Reports. A. Report by Mayor Stover regarding Citizen Summit. B. Report by Mayor Stover regarding Budget Work Sessions. C. Report by Mayor Stover regarding Boards and Commissions Volunteers. D. Report by Mayor Stover regarding American Cancer Society Relay for Life. E. Report by Mayor Stover and Councilmember York regarding Graduation. F. Report by Mayor Stover regarding Metroplex Mayors' Meeting. G. Report by Councilmember York regarding City Employees. H. Report by Councilmember York regarding Traffic Safety. A. Mayor Stover reported on the Citizen Summit held by the City of Coppell last week. B. Mayor Stover reported that one Budget Work Session has been held and there will be additional Budget Work Sessions held on June 17th, July 1st and July 29th. C. Mayor Stover announced that we are now accepting applications for Boards and Commissions and encouraged all citizens to apply. CM061003 Page 13 of 15 D. Mayor Stover reported on the American Cancer Society Relay for Life that was held at Coppell Middle School North. Councilmember Suhy described what happened during an American Cancer Relay for Life event. E. Mayor Stover reported on Project Graduation. Councilmember York stated that graduation was a tremendous experience for all Coppell citizens who had children graduating in 2003. F. Mayor Stover reported on the Metroplex Mayor's meeting he attended earlier in the day with City Manager Jim Witt and Deputy City Manager Clay Phillips. G. Councilmember York repeated a story he had heard from a senior citizen at the Coppell Senior Center. A resident had fallen in her backyard and some City employees who were working nearby in her alley came and assisted her. H. Councilmember York suggested to all citizens to be very careful because school is out and kids are darting in and out and please watch out for them. 25. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD - Councilmember Suhy. B. Coppell ISD - Councilmembers Raines and York. C. Coppell Seniors - Councilmember York. D. Dallas Regional Mobility Coalition - Mayor Pro Tem Peters. E. Economic Development Committee - Mayor Pro Tem Peters and Councilmember Brancheau. F. Metrocrest Hospital Authority - Councilmember Tunnell. G. Metrocrest Social Service Center - Councilmember Brancheau. H. North Texas Council of Governments - Councilmember Tunnell. I. NCTCOG - Emergency Management Planning Council - Councilmember Suhy. J. North Texas Commission - Councilmember Tunnell. K. Senior Adult Services - Councilmember Suhy. CM061003 Page 14 of 15 L. Town Center/Architectural Committee - Councilmember Faught. M. Trinity River Common Vision Commission - Councilmember Faught. N. Trinity Trail Advisory Commission - Councilmember Raines. A. Nothing at this time. B. Councilmember Raines announced that Trustee Cindy Warner wanted to thank everyone for their support of Project Graduation; the School District is looking for a buyer for land at MacArthur and Samuel; and the School District is in the process of looking for an Athletic Director. C. Nothing at this time. D. Mayor Pro Tem Peters discussed Senate Bill 972 and House Bill 3588 and other bills that went before the State Legislature this year. E. Councilmember Brancheau discussed hot spots that were discussed at the Coppell Economic Development Committee. Councilmember Peters reported that on May 30th the City of Coppell hosted a bus tour for a group of commercial developers and brokers. F. Nothing at this time. G. Nothing at this time. H. Nothing at this time. I. Nothing at this time. J. Nothing at this time. K. Councilmember Suhy reported that they have received information on their current funding and announced that they are looking for golfers for their upcoming Golf Tournament. They are also looking for 7 board members to start in October. L. Nothing at this time. M. Nothing at this time. CM061003 Page 15 of 15 N. Nothing at this time. 26. Necessary Action Resulting from Executive Session. Presentation: City Manager Jim Witt updated Council on the property at 316 Leisure Lane. Action: Councilmember York moved to authorize the City Attorney to file appropriate legal proceedings to abate public nuisance at 316 Leisure Lane. Councilmember Faught seconded the motion; the motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Faught, Suhy and York voting in favor of the motion. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ______________________________________ Libby Ball, City Secretary DEPT: Engineering/Public Works DATE: June 24, 2003 ITEM #: 8/B AGENDA REQUEST FORM ITEM CAPTION: Consider approval of City of Coppell Change Order #1 to the Belt Line Road Project #ST 93-04 in the amount of $98,628.20 as provided for in CIP Funds; and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: Approval of this change order will allow the final payment for the traffic signal at Belt Line Rd. and Mockingbird Ln. to be made. Staff will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Funds for this contract have been allocated from interest earnings in the Street CIP accounts. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: #BeltLineRd-1Agenda "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works Date: June 24, 2003 RE: Consider approval of City of Coppell Change Order #1 to the Belt Line Road Project #ST 93-04 in the amount of $98,628.20 as provided for in CIP funds; and authorizing the City Manager to sign. In July 2000, City Council approved a Supplemental City/County Agreement between the City of Coppell and Dallas County for the City’s portion of the funding of Belt Line Road in the amount of $344,262. At the time the project was bid by Dallas County they were still in the process of designing traffic signals for the intersections of Mockingbird and Moore with Belt Line Road. My agenda item on July 25, 2000 stated that at some point in the future there would be a change order brought forth to provide for the funding of a permanent traffic signal at the Belt Line /Mockingbird intersection. The traffic signal at the intersection of Moore and Belt Line Rd. lies within the City of Dallas and that cost was paid by the City of Dallas. The Belt Line Road project is nearing completion with final punchlist items being corrected. To make the final payment on this project, a change order needs to be executed to allow the final payment to include the traffic signal at Belt Line Rd. and Mockingbird Ln. Because the traffic signal was part of a larger project, the unit cost is about 20 to 25 percent less than what we typically are charged for a traffic signal installation as a stand-alone project. The traffic signal at Mockingbird Lane was constructed at a cost of $98,628.20. When the final quantities for this project were agreed upon by all parties, the final total cost to the City of Coppell will be $448,367.82. As a point of reference, the entire project cost $6,906,350.34. Our total cost for the construction of Belt Line Road (from Denton Tap to MacArthur) was only 6.5% of the entire project cost. Staff recommends approval of Change Order #1 for the payment of the traffic signal at the Belt Line/Mockingbird intersection. Staff will be available to answer any questions at the Council meeting. CITY OF COPPELL CHANGE OR EXTRA WORK ORDER PROJECT: Belt Line Road Project #ST 93-04 CONTRACTOR: Dallas County OWNER: City of Coppell CHANGE ORDER NO.: One (1) DATE: June 13, 2003 Item Description Quantity Unit Unit Price Total ADD: 680 Traffic Signal at Mockingbird 1 LS $98,628.20 $98,628.20 Total Revision to Contract Amount $98,628.20 Previous contract amount $344,262.00 Net increase in contract amount $98,628.20 Revised contract amount $442,890.20 The contractor hereby accepts this Contract adjustment as a final and complete adjustment in full accord and satisfaction of all past and future liability originating under any clause in the Contract by reason of this revision to the Contract. ________________________________________ Recommended by City Engineer Date ________________________________________ Approved by Jim Witt, City Manager Date DEPT: Information Systems DATE: June 24, 2003 ITEM #: 8/C AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance amending the Cable Franchise Ordinance by adding Section 11(h) for Customer Service Requirements and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: The City of Coppell Telecommunications Board and City Staff have worked with the local cable provider, Comcast, to develop a Customer Service Agreement (CSA) which is designed to insure a higher quality of cable service for Coppell customers. This CSA provides service level standards for telephone support, installation and service calls, service interruptions, customer complaints, and will provide for liquidated damages in each area. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: {CustSvcAgmt-1ARconsent AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AMENDING THE CODE OF ORDINANCES BY AMENDING ORDINANCE NO. 93615 THE CITY OF COPPELL CABLE COMMUNICATIONS ORDINANCE BY ADDING SECTION 11(H); PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING AND EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. Ordinance 93615, the City of Coppell Cable Communications Ordinance, is amended in part by adding section 11(h) to read as follows: “SECTION 11(h). CUSTOMER SERVICE REQUIREMENTS. These standards shall apply to the Company, any Affiliates of Company and other Cable Operators to the extent they are providing Cable Services over the Cable System. A. DEFINITIONS 1. Outage: A Service Interruption affecting multiple Subscribers in a contiguous area that has the same source problem. 2. Service Call: The action taken by the Company to correct a Service Interruption affecting an individual Subscriber. 3. Service Interruption: The loss of picture or sound on one or more Channels. 4. Standard Installation: Installations where the length of the Drop is up to one hundred twenty-five (125) feet. 5. Normal Operating Conditions: Those service conditions which are within the control of the Company. Those conditions which are not within the control of the Company include, but are not limited to, natural disasters, civil disturbances, labor strikes or slowdowns, telephone network outages, interruption of electric power service which is not a direct result of the Company’s actions, and severe or unusual weather conditions. Those conditions which ordinarily are within the control of the Company include, but are not limited to, special promotions, pay-per-view events, rate adjustments, regular peak or seasonal demand periods, backup power during power outages, changes in billing cycles, changes in channel line-ups that are within Company’s control, construction, rebuilds, maintenance (including repairs related thereto) and/or upgrade of the Cable System. B. TELEPHONE AVAILABILITY 1. The Company shall maintain a toll-free number to respond to all calls and inquiries from Subscribers in the Franchise Area and/or City residents regarding Cable Service. Company representatives trained and qualified to answer questions related to Cable Service in the Franchise Area must be available to receive requests for Service Calls or report Outages twenty-four (24) hours a day, seven (7) days a week, and other inquiries at least forty-five (45) hours per week, including some evening and weekend hours. Company representatives shall identify themselves by name when answering this number. 2. The Company’s telephone numbers shall be listed, with appropriate description (e.g. administration, customer service, billing, repair, etc.), in the directory published by the local telephone Company or companies serving the Franchise Area. 3. In the event that the Company chooses to use an Automated Response Unit (“ARU”) or a Voice Response Unit (“VRU”) to distribute calls, the system shall have as a first tier menu option (not including a routing option for foreign language), an option “for all other inquiries.” If a foreign language routing option is provided, and the Subscriber does not enter an option, the menu will default to the first tier menu of English options. After the first tier menu (not including a foreign language routing option) has run through twice, if customers do not select any option, the ARU or VRU will forward the call to a queue for a live representative. The Company may reasonably substitute this requirement with another method of handling calls from customers who do not have touch-tone telephones. The total elapsed time between when a Subscriber’s call is first answered by an ARU or VRU to the end of the last tier menu shall not be longer than ninety (90) seconds. For purposes of this subsection, the “last tier menu” is the last tier before the Subscriber is routed to a live representative, or specific information is given to the Subscriber, such as instructions for troubleshooting or directions to an office. The City may review the options provided to callers and recommend to the Company that additional options be provided. The Company shall consider the City’s recommendations. 4. Under Normal Operating Conditions, calls received by the Company shall be answered within thirty (30) seconds after the Subscriber has selected their final menu option. The Company shall meet this standard for ninety percent (90%) of the calls it receives, as measured on a calendar quarter basis. Measurement of this standard shall include all calls received by the Company, whether they are answered by a live representative, automated attendant, or abandoned before completion. If the Company does not meet the ninety percent (90%) standard described in this Paragraph 4. during any calendar quarter, liquidated damages may be assessed by the City against the Company as follows: • Any quarter where the Company performs equal to or greater than eighty-five (85%) and less than ninety percent (90%), the Company shall pay the City one hundred dollars ($100). • Any quarter where the Company performs equal to or greater than seventy-five percent (75%) and less than eighty-five percent (85%), the Company shall pay the City three hundred dollars ($300). • Any quarter where the Company performs equal to or greater than sixty-five percent (65%) and less than seventy-five percent (75%), the Company shall pay the City one thousand dollars ($1,000). • Any quarter where the Company performs less than sixty-five percent (65%), the Company shall pay the City two thousand dollars ($2,000). For any consecutive quarter(s) in which the Company performs at a level below ninety percent (90%), the Company shall pay the City the amount listed above for the most recent quarter, plus the amount paid to the City for the previous quarter. For example, if the Company performs at seventy-nine percent (79%) one quarter and sixty percent (60%) in the next quarter, the Company shall pay the City three hundred dollars ($300) for the first quarter and two thousand three hundred dollars ($2,300) [$2,000 for the most recent quarter plus $300 for the previous quarter] for the second quarter. If Company continues to have a 60% performance in the third quarter, the payment shall be four thousand three hundred dollars ($4,300) [$2,000 for the most recent quarter and $2,300 for the previous quarter.] 5. Under Normal Operating Conditions, callers to the Company shall receive a busy signal less than three (3%) percent of the time during any calendar quarter. 6. Not more than thirty (30) days after the end of each calendar quarter, the Company shall report to the City the following for all call centers receiving calls from Subscribers except for temporary telephone numbers set up for national promotions: • total number of calls received by the Company • number of calls answered by these categories: live representative, automated attendant, and abandoned • number of calls answered within thirty (30) seconds • percentage of calls answered within thirty (30) seconds • percentage of time all trunks were busy The material substance of the report shall be in a form reasonably acceptable to the City. If the City does not receive the quarterly calls report when due, the City shall give notice to the Company. The Company shall be assessed liquidated damages in the amount of fifty dollars ($50) per day for every day following receipt of the notice that the report is not provided to the City. The Company shall not be assessed liquidated damages for failure to report on statistics which cannot be produced for reasons outside of its control, provided that the Company supplies an explanation to the City as to why the statistics required herein could not be produced. 7. The Company shall notify the City’s designee as promptly as possible, by any available means, whenever there is a situation that prevents all Subscribers from being able to reach the Company by telephone. For failure to so notify the City, Company shall pay liquidated damages of three hundred dollars ($300) to the City. 8. At the Company’s option, the measurements and reporting above may be changed from calendar quarters to billing or accounting quarters. The Company shall notify the City of such a change at least thirty (30) days in advance of any implementation. C. INSTALLATIONS AND SERVICE APPOINTMENTS 1. All installations will be in accordance with FCC rules, including but not limited to, appropriate grounding, connection of equipment to ensure reception of Cable Service, and the provision of required consumer information and literature to adequately inform the Subscriber in the utilization of the Company-supplied equipment and Cable Services. 2. Under Normal Operating Conditions, Standard Installations shall be performed within seven (7) days after an order has been placed, except when a Subscriber has specifically requested an installation date later than seven (7) days after order placement. The Company shall meet this standard for ninety percent (90%) of the Standard Installations it performs, as measured on a calendar quarter basis, excepting out customer requests for connection later than seven (7) days after order placement. If the Company does not meet the ninety percent (90%) standard described in this Paragraph B. during any calendar quarter, liquidated damages may be assessed by the City against the Company as follows: • Any quarter where the Company performs equal to or greater than eighty-five (85%) and less than ninety percent (90%), the Company shall pay the City one hundred dollars ($100). • Any quarter where the Company performs equal to or greater than seventy-five percent (75%) and less than eighty-five percent (85%), the Company shall pay the City three hundred dollars ($300). • Any quarter where the Company performs equal to or greater than sixty-five percent (65%) and less than seventy-five percent (75%), the Company shall pay the City one thousand dollars ($1,000). • Any quarter where the Company performs less than sixty-five percent (65%), the Company shall pay the City two thousand dollars ($2,000). For any consecutive quarter(s) in which the Company performs at a level below ninety percent (90%), the Company shall pay the City the amount listed above for the most recent quarter, plus the amount paid to the City for the previous quarter. For example, if the Company performs at seventy-nine percent (79%) one quarter and sixty percent (60%) in the next quarter, the Company shall pay the City three hundred dollars ($300) for the first quarter and two thousand three hundred dollars ($2,300) [$2,000 for the most recent quarter plus $300 for the previous quarter] for the second quarter. If Company continues to have a 60% performance in the third quarter, the payment shall be four thousand three hundred dollars ($4,300) [$2,000 for the most recent quarter and $2,300 for the previous quarter.] In addition, any individual Subscriber who does not have their Standard Installation completed within the seven (7) day period shall be entitled to receive a free Standard Installation upon request, excepting out Subscribers who request installation later than seven (7) days after order placement. 3. The Company shall provide the City with a report within thirty (30) days following the end of each calendar quarter, noting the following: • number of total Standard Installations completed for the quarter, excluding those requested outside of the seven (7) period by the Subscriber • number of Standard Installations completed within the seven (7) day period • number of Standard Installations not completed within the seven (7) day period • percentage of Standard Installations completed within the seven (7) day period, excluding those requested outside of the seven (7) day period by the Subscriber At the Company’s option, the measurements and reporting above may be changed from calendar quarters to billing or accounting quarters. The Company shall notify the City of such a change not less than thirty (30) days in advance. 4. The Company will offer Subscribers “appointment window” alternatives for installations, Service Calls, and other installation activities of a maximum four (4) hour scheduled time block between the hours of 8:00 a.m. and 7:00 p.m. except during months where available light does not permit appointments after 6:00 p.m.. At the Company’s discretion, the Company may offer Subscribers appointments other than these four (4) hour time blocks if agreeable to the Subscriber. The Company may offer to schedule Subscriber appointments for a specific time and shall schedule the Subscriber to be the first call of the day or last call of the day if requested by the Subscriber and warranted by the circumstances. The Company shall also perform some Service Calls outside of the hours specified above in the evenings and on weekends. 5. At the request of the Subscriber, the Company will call the Subscriber prior to an installation or Service Call appointment. The call shall be made by the Company at the approximate time and to the telephone number requested by the Subscriber. 6. At the time this Franchise was entered into, Company was voluntarily participating in the industry “On-Time Guarantee” program. Under the terms of that program, if the Company does not arrive for an installation or Service Call appointment within the scheduled time frame agreed to with the Subscriber, the Subscriber is entitled to receive either a free Standard Installation in the event of an installation appointment, or a $20.00 credit in the event of a missed Service Call appointment. Calling a Subscriber during the appointment window does not negate the Subscriber’s entitlement to credit for a missed appointment. The Company will participate in this program and reserves the right to substitute another customer service program for the “On-Time Guarantee” at its discretion, provided that the Subscriber benefits are reasonably comparable to those provided by the current program. 7. Under Normal Operating Conditions, the Company may not cancel an appointment with a Subscriber after 6:00 p.m. on the business day prior to the day of the scheduled appointment. 8. If the Company’s representative is running late for an appointment with a Subscriber and will not be able to keep the appointment as scheduled, the Company will document an effort to contact the Subscriber directly. If, however, the Subscriber is unavailable at the time the contact attempt is made, the Company will attempt at least a second documented contact during the previously agreed upon appointment window or before the specifically scheduled time. The appointment will be rescheduled, as necessary, at a time which is mutually agreeable. 9. If it is necessary to place a temporary Drop on the ground, the Company shall bury the temporary Drop within ten (10) business days, under Normal Operating Conditions. If the path of the drop must cross a public right-of-way, then the Company must obtain the appropriate permits in accordance with existing City Ordinances prior to the burial of the drop, within three (3) business days of the placement of the temporary drop. The ten (10) day period shall be extended for days that the Company is unable to bury the Drop due to unfavorable weather conditions. D. SERVICE INTERRUPTIONS AND OUTAGES 1. The Company shall make repairs promptly, and interrupt Cable Service only as necessary and for the shortest time period possible. Unless otherwise required by law or approved by the City, the Company will not schedule routine testing or maintenance which would cause a Service Interruption or Outage on Friday, Saturday or Sunday night. 2. The Company shall promptly notify the City of any significant Outage of the Cable System. For the purposes of this section, a significant Outage of the Cable System shall mean any Service Interruption lasting at least four (4) continuous hours that affects at least ten percent (10%) of the Subscribers in the Franchise Area. 3. The Company shall exercise its best efforts to limit any Outage for the purpose of maintaining, repairing, or constructing the Cable System. Except in an emergency or other situation necessitating a more expedited or alternative notification procedure, the Company may schedule an Outage for a period of more than four (4) hours during any twenty-four (24) hour period only after the City and each affected Subscriber in the City have been given fifteen (15) days prior notice of the proposed Outage. 4. Technicians employed by the Company who are capable of responding to Outages must be available to respond twenty-four (24) hours a day, seven (7) days per week. 5. Under Normal Operating Conditions, the Company must respond to a call or written notice from a Subscriber regarding a Service Interruption within twenty-four (24) hours. The Company must begin actions to correct all other Cable Service problems the next business day after notification by the Subscriber or the City of a Cable Service problem. No charge shall be made to the Subscriber for any resulting repairs or maintenance unless such repairs or are not attributable to the Company’s operation of the Cable System. 6. Under Normal Operating Conditions, the Company shall complete Service Calls within seventy-two (72) hours after being notified of a Service Interruption, not including situations where the Subscriber is not reasonably available for a Service Call to correct the Service Interruption within the seventy-two (72) hours period. 7. The Company shall meet the standard in Paragraph F. of this Section for ninety percent (90%) of the Service Calls it completes, as measured on a quarterly basis. If the Company fails to meet this standard during any calendar quarter, liquidated damages may be assessed by the City against the Company as follows: • Any quarter where the Company performs equal to or greater than eighty-five (85%) and less than ninety percent (90%), the Company shall pay the City one hundred dollars ($100). • Any quarter where the Company performs equal to or greater than seventy-five percent (75%) and less than eighty-five percent (85%), the Company shall pay the City three hundred dollars ($300). • Any quarter where the Company performs equal to or greater than sixty-five percent (65%) and less than seventy-five percent (75%), the Company shall pay the City one thousand dollars ($1,000). • Any quarter where the Company performs less than sixty-five percent (65%), the Company shall pay the City two thousand dollars ($2,000). For any consecutive quarter(s) in which the Company performs at a level below ninety percent (90%), the Company shall pay the City the amount listed above for the most recent quarter, plus the amount paid to the City for the previous quarter. For example, if the Company performs at seventy-nine percent (79%) one quarter and sixty percent (60%) in the next quarter, the Company shall pay the City three hundred dollars ($300) for the first quarter and two thousand three hundred dollars ($2,300) [$2,000 for the most recent quarter plus $300 for the previous quarter] for the second quarter. If Company continues to have a 60% performance in the third quarter, the payment shall be four thousand dollars ($4,300) [$2,000 for the most recent quarter and $2,300 for the previous quarter.] 8. The Company shall provide the City with a report within thirty (30) days following the end of each calendar quarter, noting the following: • number of total Service Calls completed for the quarter, not including Service Calls where the Subscriber was reasonably unavailable for a Service Call within the seventy-two (72) hour period • number of Service Calls completed within the seventy-two (72) hour period • percentage of Service Calls completed within the seventy-two (72) hour period, not including Service Calls where the Subscriber was reasonably unavailable for a Service Call within the seventy-two (72) hour period At the Company’s option, the measurements and reporting above may be changed from calendar quarters to billing or accounting quarters. The Company shall notify the City of such a change at least thirty (30) days in advance. 9. Under Normal Operating Conditions, the Company shall provide credit upon Subscriber request to affected Subscriber(s) when all Channels received by that Subscriber are out for a period of four (4) consecutive hours or more. The credit shall equal, at a minimum, a proportionate amount of the affected Subscriber(s) current monthly bill. In order to qualify for the credit, the Subscriber must promptly report the problem and allow the Company to verify the problem if requested by the Company. 10. Under Normal Operating Conditions, the Company shall provide a credit upon Subscriber request to any Subscriber experiencing a Service Interruption of any Channel(s) for a period of four (4) consecutive hours or more. The credit shall equal, at a minimum, a proportionate amount of the affected Cable Service. In order to qualify for the credit, the Subscriber must promptly report the problem and allow the Company to verify the problem if requested by the Company. 11. Under Normal Operating Conditions, if an outage affects all video programming Cable Services in an area which serves more than ten percent (10%) of total Company Subscribers in the Franchise Area, for more than twenty-four (24) consecutive hours, the Company shall issue an automatic credit to the affected Subscribers in the amount of the value of Basic plus Expanded Basic Service for the proportionate time the Cable Service was out. Such credit will be reflected on Subscriber billing statements within forty-five (45) days following the outage. Such credit under this provision does not negate the Subscriber’s right to request additional credit under items I. and J. herein. 12. With respect to service issues concerning cable services provided to City facilities, Company shall respond to all inquiries from the City within four (4) hours and shall make necessary repairs within twenty-four (24) hours under Normal Operating Conditions. If such repairs cannot be completed within twenty-four (24) hours, the Company shall notify the City in writing as to the reason(s) for the delay and provide an estimated time of repair. E. CUSTOMER COMPLAINTS 1. The Company shall maintain a written log or an equivalent stored in computer memory and capable of access and reproduction in printed form, of all cable-related Subscriber contacts, which result in a Service Call. Such log shall, at a minimum, list the date and time of such contact, the nature of the complaint, and when and what actions were taken by the Company in response thereto. Such log shall be kept at the Company’s office in or near the Franchise Area, for a period of at least three (3) years and shall be available for inspection during regular business hours by City upon request, subject to Section 631 of the Cable Act regarding Subscriber privacy. Additionally, the Company shall maintain a written or electronic log of every Subscriber complaint referred by the City, including the dates, times and detailed information related to the complaint and resolution. The Company shall cooperate with the City in the development of this log format. If the City receives a pattern of complaints from Subscribers which indicates a recurring problem, City may require the Company to maintain a manual or electronic log of the problem being tracked until such time as the calls to the City are reasonably reduced. 2. Under Normal Operating Conditions, the Company shall resolve Subscriber complaints referred by the City within seventy-two (72) hours. The Company shall notify the City of those matters that necessitate an excess of seventy-two (72) hours to resolve, but those matters must be finally resolved within ten (10) days of the initial complaint. The City may require reasonable documentation to be provided by the Company to substantiate the request for additional time to resolve the problem. If the Company fails to resolve a complaint within the required seventy-two (72) hours (or extended period), the Company shall pay to the City one hundred fifty dollars ($150) per day for each day the complaint is not resolved within the specified time frame. For purposes of this subsection, “resolve” means that the Company shall perform those actions, which in the normal course of business, are necessary to respond to the Subscriber’s problem. F. BILLING 1. Subscriber bills must be itemized, in accordance with Cable Services purchased by Subscribers and related equipment charges. Bills shall clearly delineate all activity during the billing period, including optional charges, rebates, credits, and late charges. If the Company chooses to itemize franchise fees and/or other governmentally imposed fees as a separate line item(s), such fees must be shown in accordance with applicable law. The Company shall maintain records of the date and place of mailing of bills and upon request shall certify in writing to City the date of mailing of each group of bills. 2. Every Subscriber with a current account balance sending payment directly to Company shall be given at least twenty (20) days from the date statements are mailed to the Subscriber until the payment due date. 3. To the extent that the Company chooses to bill in advance for Cable Services, every Subscriber with a current account balance sending payment directly to the Company shall be given at least fifteen (15) days from the first day of the billing period until the payment due date. The billing period is the time period for which Cable Services are being billed. For example if the customer’s billing period is from the 1st to the 31st of the month, the due date shall not be earlier than the fifteenth (15th) day of the month. 4. A specific due date shall be listed on the bill of every Subscriber whose account is current. Delinquent accounts may receive a bill which lists the due date as “upon receipt”; however, the current portion of that bill shall not be considered past due except in accordance with B and C above. 5. Any Subscriber who, in good faith, disputes all or part of any bill shall have the option of withholding the disputed amount without disconnect or late fee being assessed until the dispute is resolved provided that: • The Subscriber pays all undisputed charges; • The Subscriber provides notification of the dispute to Company within five (5) days of the due date; and • The Subscriber cooperates in determining the accuracy and/or appropriateness of the charges in dispute. It shall be within the Company’s sole discretion to determine when the dispute has been resolved, however, the City has the right to determine if the Company has met its obligations to the Subscriber under this subsection. 6. Under Normal Operating Conditions, the Company shall investigate and resolve all billing complaints received from Subscribers within five (5) business days of receipt of the complaint if the dispute is regarding charges that are no greater than six (6) months old, or within fifteen (15) business days if the dispute involves charges that are more than six (6) months old. 7. Subscriber bills from the Company shall include the name, address and telephone number of the appropriate regulatory agencies, including the City. The City shall have the opportunity to approve the name, address and telephone number of the City that appears on the bills. 8. The Company shall provide a telephone number and address on the bill for Subscribers to contact the Company. 9. The Company shall forward a copy of any billing inserts or other mailing sent to Subscribers to the City upon request. 10. The Company shall provide all Subscribers with the option of paying for Cable Service by (1) cash, (2) check, (3) an automatic payment plan, where the amount of the bill is automatically deducted from a checking account designated by the Subscriber, or (4) by using a major credit card, as determined by the Company, on a preauthorized basis. The City recognizes that only option (4) above is available as of the effective date of this Franchise for subscription to the Company’s cable Internet service, but that the Company is taking steps to make options (1) – (3) available in the near future. The City reserves the right to enforce the requirement above for the cable Internet service if the Company has not voluntarily made available the other payment options within eighteen (18) months of the effective date of the adoption of these customer service standards. G. DEPOSITS, REFUNDS AND CREDITS 1. The Company may require refundable deposits from Subscribers with 1) a poor credit or poor payment history, 2) who refuse to provide credit history information to the Company, or 3) who rent Subscriber equipment from the Company, so long as such deposits are applied on a non-discriminatory basis. The maximum deposit the Company may charge Subscribers with poor credit or poor payment history or who refuse to provide credit information is the average of a typical Subscriber’s bill over the most recent six (6) month period. The maximum deposit the Company may charge for Subscriber equipment is the cost (not depreciated value) of the equipment which the Company would need to purchase to replace the equipment rented to the Subscriber. 2. The Company shall pay simple annual interest at five percent (5%) on deposits collected for equipment which are unrelated to poor credit or poor payment history if the deposit is held by the Company for a period in excess of one year, and the Subscriber’s account is current at the time the deposit is refunded. The Company shall pay interest on other deposits if required by State law or other generally applicable law. 3. Under Normal Operating Conditions, refund checks will be issued within forty-five (45) days following the resolution of the event giving rise to the refund. 4. Credits for Cable Service will be issued no later than the Subscriber’s next bill which is printed following the determination that a credit is warranted, and the credit is approved and processed. Such approval and processing shall not be unreasonably delayed. 5. Bills shall be considered paid when appropriate payment is received by the Company or its authorized agent. Appropriate time considerations shall be included in the Company’s collection procedures to assure that payments due have been received before late notices or termination notices are sent. H. RATES, FEES AND CHARGES 1. The Company shall not, except to the extent expressly permitted by law, impose any fee or charge for Service Calls to a Subscriber’s premises to perform any repair or maintenance work related to Company-equipment necessary to receive Cable Service, except where any such problem which was caused by a negligent or wrongful act of the Subscriber (including, but not limited to a situation in which the Subscriber reconnects Company equipment incorrectly), or by the failure of the Subscriber to take reasonable precautions to protect the Company’s equipment (for example, a dog chew). 2. The Company shall provide written advance notice to Subscribers of the possible assessment of a late fee, including the amount of the late fee, on bills or by separate notice. 3. No late fee may be assessed on Cable Services until one (1) month following the date of the bill on which the charges first appeared. 4. The amount of the late fee shall be subject to any applicable federal, state or local consumer protection laws or other lawful and applicable regulations. I. DISCONNECTION /DENIAL OF SERVICE 1. The Company shall not terminate Cable Service for nonpayment of a delinquent account unless the Company provides a notice of the delinquency and impending termination at least fifteen (15) days prior to the proposed termination. The notice shall be mailed, postage prepaid, to the Subscriber to whom the Cable Service is billed. This notice shall not be given until five (5) days after the original due date for the charges. The notice of delinquency and impending termination may be part of a billing statement. 2. In the event that Cable Service is terminated pursuant to a bulk contract and the Company is permitted to enter into Cable Service arrangements with individual dwellings previously serviced under such contract, the Company shall not hold such individual Subscriber(s) liable for any nonpayment or underpayments related specifically to the contract. Subscribers may be held accountable for payment for Cable Services subscribed to during the period of the contract, which were in addition to the Cable Services provided pursuant to the contract. 3. Cable Service terminated in error must be restored without charge within twenty-four (24) hours of notice. If Subscriber was billed for the period during which Cable Service was terminated in error, an automatic credit shall be issued to Subscriber if the Service Interruption was reported by the Subscriber. The amount of the automatic credit shall be in accordance with Section 5, Paragraph I of these Customer Service Standards. 4. Subject to Section 27 of the Franchise, the Company shall furnish and maintain Cable Services to each Person who makes a request to receive any Company-offered Cable Service. Nothing in these standards shall limit the right of the Company to deny Cable Service for non-payment of previously provided Cable Services, refusal to pay any required deposit, theft of Cable Service, damage to the Company’s equipment, or abusive and/or threatening behavior toward the Company’s employees or representatives. 5. No period of notice prior to requested termination of service can be required of Subscribers by the Company. No charge shall be imposed upon the Subscriber for or related to total disconnection of Cable Service, or for any Cable Service delivered after the effective date of the disconnect request (unless there is a delay in returning Company equipment). If the Subscriber fails to specify an effective date for disconnection, the Subscriber shall not be responsible for Cable Service received after the day following the date the disconnect request is received by the Company. For purposes of this subsection, the term “disconnect” shall include Subscribers who elect to cease receiving Cable Service from the Company and to receive Cable Service or other multi-channel video service from another Person or entity. 6. Upon the termination of Cable Service and upon request by the Subscriber, the Company shall either entirely remove its Drop or secure the Drop in a method reasonably acceptable to City. J. COMMUNICATIONS WITH SUBSCRIBERS 1. All Company personnel, contractors and subcontractors contacting Subscribers or potential Subscribers outside of the office of the Company shall wear a clearly visible identification card bearing their name and photograph. The Company shall account for all identification cards at all times. In addition, all Company representatives shall wear appropriate clothing while working at a subscriber’s premises. Every service vehicle of the Company, its contractors or subcontractors shall be clearly identified as such to the public. Specifically, Company vehicles shall have the Company’s logo and phone number plainly visible; those of contractors and subcontractors working for the Company shall have the contractor’s/subcontractor’s name and phone number plus markings (such as a magnetic door sign) indicating they are under contract to the Company. 2. All contact with a Subscriber or potential Subscriber by a Person representing the Company shall be conducted in a courteous manner. 3. The Company shall send annual written notices to all Subscribers informing them that any complaints or inquiries not satisfactorily handled by the Company may be referred to the City. Such notification shall be either: • A separate document included with a billing statement; • Included on the portion of the monthly bill that is to be retained by the Subscriber; or • A separate mailing. 4. The Company shall notify Subscribers in writing and as soon as possible of any pricing changes or additional charges (excluding temporary marketing on sales discounts or offers) and/or any changes in Cable Services, including channel line-ups. Notice must be given to Subscribers a minimum of thirty (30) days in advance of such changes if within the control of the Company, and the Company shall provide a copy of the notice to the City including how and when the notice was given to Subscribers. 5. The Company shall provide written information to all Subscribers about each of the following areas at the time of installation of Cable Service, and thereafter at least annually to all Subscribers, at any time upon request, and at least thirty (30) days prior to making significant changes in the information required by this subsection, if within the control of the Company: • Products and Cable Service offered • Prices and options for Cable Services and conditions of subscription to Cable Services. Prices shall include those for Cable Service options, equipment rental, program guides, installation, downgrades, late fees and other fees charged by the Company related to Cable Service • Installation and maintenance policies including, when applicable, information regarding the Subscriber’s in-home wiring and/or home run wiring rights during the period Cable Service is being provided • Instructions about how to use the Cable Services, including billing options and procedures and options for ordering pay-per-view services, if offered • Channel positions of Cable Services offered on the Cable System • Complaint procedures, including the name, address and telephone number of the City, but with a notice advising the Subscriber to initially contact the Company about all complaints and questions • Procedures for requesting Cable Service credit • The availability of a parental control device • Company practices and procedures for protecting against invasions of privacy • The address and telephone number of the Company’s office to which complaints may be reported • When applicable, the Company’s community unit identifier as specified by the FCC • Other information relating to the provision of Cable Services pursuant to this Franchise in format and substance as from time to time requested by the City and agreed to by the Company. The Company shall promptly notify the City if they are unable to agree and shall propose viable alternatives. A copy of notices required in this Paragraph E. will be given to the City at least fifteen (15) days prior to distribution to Subscribers if the reason for notice is due to a change that is within the control of Company and as soon as possible if not within the control of Company. 6. Notices of changes in rates shall indicate the new rate and the amount the rate has increased or decreased from the current rate. Specific words such as “increase” or “decrease” must be used to describe the changes. 7. Notices of changes of Cable Services and/or Channel locations shall include a description of the new Cable Service, the specific dial location, and the hours of operation of that Cable Service if the Cable Service is only offered on a part-time basis. In addition, should the dial location, hours of operation, or existence of other Cable Services be affected by the introduction of a new Cable Service, such information must be included in the notice. 8. Every notice of termination of Cable Service shall include all of the following information: • The name and address of the Subscriber whose account is delinquent • The amount of the delinquency • The date by which payment is required in order to avoid termination of Cable Service • The telephone number for the Company where the Subscriber can receive additional information about their account and discuss the pending termination 9. The Company shall make reasonable efforts to ensure that employees that speak Spanish and English are available to assist Subscribers and potential Subscribers as requested. K. PROTECTION OF SUBSCRIBER PRIVACY The Company shall comply fully with all applicable State and federal laws relating to the protection of Subscriber privacy. L. HANDICAPPED ACCESS The Company shall comply with all rules and regulations pertaining to the Americans with Disabilities Act. M. AMENDMENTS These standards and reports may be amended from time to time upon mutual agreement of the City and the Company.” DULY PASSED by the City Council of the City of Coppell, Texas, this the 24th day of June, 2003. APPROVED: ___________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ___________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY DEPT: Parks & Recreation DATE: June 24, 2003 ITEM #: 9 AGENDA REQUEST FORM ITEM CAPTION: Consider award of bid no. Q-0503-01 for erosion control repairs along Denton Creek at Magnolia Park, to Craig Olden, Inc. in the amount not to exceed $213,219.00 and authorizing the City Manager to execute the appropriate documents. GOAL(S): EXECUTIVE SUMMARY: The area of the Denton Creek located between Andrew Brown Park West and Magnolia Park has experienced significant erosion over the past few years. The north side of the creek, at the Magnolia spillway has been especially susceptible to erosion since the time of the spillway installation. High water in the Denton Creek on numerous occasions, along with steady seasonal flows, has caused the areas around the spillway to erode and undermine the integrity of the structure. The Parks and Recreation Department created a project to reduce the erosion in this area of the creek by having designed a gabion structure, which will absorb the impact of the water and minimize further erosion. Drawings and Specifications were prepared by Olden Professional Services, LP for a gabion and piling system and bids were advertised for construction. Bids opened on June 3 ,2003 for the construction of the erosion control system. A bid was received from only one bidder, that being from Craig Olden, Inc. in the amount of $213,219.00. Award is recommended in an amount not to exceed $213,219.00, to Craig Olden, Inc. The time anticipated to complete the project is 45 days from the date construction is started. FINANCIAL COMMENTS: Funds for this project are being provided by the Infrastructure Maintenance Fund. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: ^Denton Creek Erosion Control PARKS AND RECREATION DEPARTMENT Interoffice Memorandum To: Mayor and City Council From: Brad Reid, Director of Parks and Recreation Date: June 24, 2003 Re: Consider approval of award of bid no. Q-0503-01 for erosion control repairs along Denton Creek at Magnolia Park, to Craig Olden, Inc. in an amount not to exceed $213,219.00 and authorizing the City Manager to sign a contract based on this award. Mr. Craig Olden has been in the erosion control business over 25 years according to company literature, and is recognized as an authority in the erosion control and gabion industry. Mr. Olden has formed two related companies, which specialize in different aspects of the erosion control industry. Olden Professional Services, LP performs design and engineering services related to gabion erosion control systems. The second company, Craig Olden, Inc., performs installation of gabion systems. The Parks and Recreation Department commissioned Olden Professional Services, LP to prepare Construction Documents for a gabion erosion control system at the Denton Creek between Andrew Brown Park West and Magnolia Park. The Construction Documentation was created specifying methods of construction and materials that are generally accepted engineering means and methods which does not eliminate any qualified and experienced construction firm from bidding on this project. As a result, we are confident that a fair opportunity was provided for any qualified bidder to participate in bid no. Q-0503-01. The drawings were completed and public bids were accepted until June 3, 2003, at which time the bids were opened. On this date, the one and only bid received was that from Craig Olden, Inc. Because the specifications were generated so as not to exclude an experienced company from bidding on the project, and because only one bid was received, the Parks and Recreation Department recommends award of this project to Craig Olden, Inc. Thank you for your consideration of this item. DEPT: Engineering/Public Works DATE: June 24, 2003 ITEM #: 10 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of entering into a contract with Huitt-Zollars, Inc. for the design of Coppell Road from Cooper Lane north to Sandy Lake Road in an amount not to exceed $200,000 as provided for in CIP Funds; and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: Approval of this contract will begin the process for the design of Coppell Road from Cooper Lane north to Sandy Lake Road. Staff will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Funds for this project have been allocated in the Street CIP fund. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: #CoppellRd-1Agenda "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works Date: June 24, 2003 RE: Consider approval of entering into a contract with Huitt-Zollars, Inc. for the design of Coppell Road from Cooper Lane north to Sandy Lake Road in an amount not to exceed $200,000 as provided for in CIP funds; and authorizing the City Manager to sign. In November 1999, Coppell voters approved a bond program that included the construction of several roadways within the City of Coppell. Over the past few years staff has been meeting with representatives of Huitt-Zollars, Inc. concerning the design contract for Coppell Road. Several items caused a delay in the award of the design contract. One item was how to handle the design of the section of Coppell Road through the historical section of Coppell. Council may recall that was resolved recently by the removal of a section of Coppell Road, from Bethel Rd. to Cooper Ln., from the Coppell Road project and included it with the Bethel Road project so that the same consultant was designing all the roadway sections within the historical area. The second item that caused a delay on the award of the project was the constructability of Coppell Road. Coppell Road currently exists as a two-lane asphalt roadway with borrow ditches on each side. Right-of-way, for the most part, exists along the entire section. However, because of the borrow ditches on each side, the ability to maintain two-way traffic was somewhat limited. Because of the additional cost and safety issues associated with trying to maintain two-way traffic during construction, on January 28, 2003 City Council approved a resolution to allow Coppell Road to be maintained as one-way traffic during the period of construction. Once that resolution was approved by City Council, the consultant redefined the scope of services and the design fee. During the final negotiations with representatives of Huitt-Zollars, Inc. the design fee was lowered from $225,000 to $200,000. The $200,000 represents a base fee of $190,000 and additional services estimated at $10,000. The additional services include public meetings and water main design. Staff recommends approval of the design contract with Huitt-Zollars, Inc. in an amount not to exceed $200,000. Staff will be available to answer any questions at the Council meeting. DEPT: City Manager DATE: June 24, 2003 ITEM #: 11 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an ordinance amending the Coppell Code of Ordinances by amending Chapter 9, Articles 9-1, Animal Control; and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: !Dogs AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COPPELL CODE OF ORDINANCES BY AMENDING CHAPTER 9, ARTICLE 9-1, BY CHANGING THE TITLE TO ANIMAL SERVICES; BY AMENDING SECTION 9-1-1, "DEFINITIONS", BY AMENDING THE DEFINITIONS, IN PART, FOR DANGEROUS DOGS AND RELEASING AGENCY; BY AMENDING 9-1-2(A) TO PROVIDE FOR THE DESIGNATION OF MULTIPLE EMPLOYEES TO SERVE AS ANIMAL SERVICES OFFICERS; BY AMENDING SECTION 9-1-4 BY DELETING SUBSECTION A, 1 THROUGH 4, AND REPLACING THE SAME WITH SIMILAR PROVISIONS; BY AMENDING SECTION 9-1-5 TO INCREASE THE REQUIREMENT FOR REGISTRATION FROM THREE (3) MONTHS TO FOUR (4) MONTHS; BY AMENDING SECTION 9-1-13, ADOPTION OF DOGS AND CATS, BY PROVIDING UPDATED PROVISIONS FOR THE ADOPTION OF ANIMALS OVER SIX (6) MONTHS IN AGE WHICH HAVE NOT BEEN SPAYED OR NEUTERED; BY AMENDING SECTION 9-1-14, SUBSECTION B.3.(c) TO PROVIDE FOR THE ANIMAL SERVICES OFFICER; AND BY AMENDING SECTION 9-1-18(D)(1) TO DELETE THE PROVISION FOR ATTACK OF ANOTHER ANIMAL; PROVIDING FOR A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article 9-1 of the Coppell Code of Ordinances provides for Animal Services within the City; and WHEREAS, upon review of Article 9-1, staff has made recommendation that certain areas of said Article be amended to update and provide more specific guidelines for the adoption of animals and the sterilization of the same; and WHEREAS, the City Council believes that the recommendations made by the City staff are in the best interest of the City and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Chapter 9 of the City of Coppell Code of Ordinances be, and the same is, hereby amended by amending Article 9-1 by changing the title to "Animal Services", by amending Section 9-1-1, by amending the definitions, in part, for dangerous dogs and releasing 1 56821 agency and by amending Section 9-1-2(A) to provide for the designation of multiple employees to serve as animal services officers to provide additional definitions, which shall read as follows: "ARTICLE 9-1. ANIMAL SERVICES. Sec. 9-1-1. Definitions. In this article the following words and terms shall have the following meanings ascribed to them unless the context indicates otherwise: . . . . Dangerous dog shall mean a dog that: 1. Makes an unprovoked attach on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or . . . . . Releasing agency shall mean a public or private animal shelter, or humane organization. The term does not include an individual who occasionally renders humane assistance in the individual’s home for a dog or cat. . . . . Sec. 9-1-2. Enforcement. A. City manager shall designate employees as animal services officers who shall be assigned to the environmental health department. . . . . . " SECTION 2. That Chapter 9 of the City of Coppell Code of Ordinances be, and the same is, hereby amended by amending Section 9-1-4 by deleting subsection A., 1 through 4, and replacing the same with similar provisions and by amending section 9-1-5 to increase the requirement for registration from three (3) months to four (4) months, which shall read as follows: 2 56821 "Sec. 9-1-4. Vaccination. A. The owner or custodian (excluding animal shelters) of each domestic dog or cat shall have the animal vaccinated against rabies by four months of age. The animal must receive a booster within the 12 month interval following the initial vaccination. Every domestic dog or cat must be revaccinated against rabies at a minimum of at least once every three years with a rabies vaccine licensed by the United States Department of Agriculture. The vaccine licensed by the United States Department of Agriculture. The vaccine must be administered according to label recommendations. Official rabies vaccination certificates shall be issued by the vaccination veterinarian and contain the following information: 1. owner’s name, address, and telephone number; 2. animal identification – species, sex (including neutered if applicable), approximate age (three months to 12 months, 12 months or older), size (pounds), predominant breed, and color; 3. vaccine used – producer, expiration date, and serial number; 4. date vaccinated; 5. date vaccination expires (revaccination due date); 6. rabies tag number if a tag is issued; 7. veterinarian’s signature or signature stamp and license number. B. . . . . . Sec. 9-1-5. Registration; license. A. The owner of a dog or cat 4 months of age or older shall annually register the animal with the city. Written . . . . . B. . . . . . C. Except as provided in subsection B, above, a person commits an offense without regard to mental state, if the person owns, keeps, or harbors a dog or cat over 4 months of age without having such dog or cat currently licensed by the city. . . . . ." 3 56821 SECTION 3. That Chapter 9 of the City of Coppell Code of Ordinances be, and the same is, hereby amended by amending Section 9-1-13, Subsection B.1., by providing updated provisions for the adoption of animals over six (6) months in age which have not been spayed or neutered and amending Section 9-1-14, Subsection B.3.(c) to provide for the animal services officer, which shall read as follows: "Sec. 9-1-13. Adoption of dogs and cats. A. . . . . . B. Adoption. 1. A person may adopt a dog and/or cat from the City of Coppell Animal Services and Adoption Center that has been spayed or neutered and classified as adoptable. If the animal has not been spayed or neutered and is over 6 months of age, the new owner must make arrangements with a local veterinarian to have the animal sterilized prior to taking possession of the animal. An animal services officer will transport the animal to the veterinarian the morning of the procedure and the new owner will take final possession from the veterinarian after the procedure has been performed. If the animal has not reached 6 months of age the new owner must sign an agreement to have the animal sterilized within a given period of time determined by the releasing agency. . . . . . "Sec. 9-1-14. Animal quarantine. A. . . . . . B. . . . . . 3. Home quarantine at the residence of the owner, if approved by the animal services officer, must satisfy the following conditions: . . . . . c. A licensed veterinarian or an animal services officer must observe the animal on the first and last days of the quarantine period. . . . . ." 4 56821 SECTION 4. That Chapter 9 of the City of Coppell Code of Ordinances be, and the same is, hereby amended by amending Section 9-1-18 D.(1) to delete the provision for the attack on another animal, which shall read as follows: "Sec. 9-1-18. Dangerous dogs. A. . . . . . B. . . . . . C. . . . . . D. Attack by dangerous dog. 1. A person commits an offense if the person is the owner of a dangerous dog and the dog makes an unprovoked attack on a person outside the dog’s enclosure and causes bodily injury to a person or another animal. . . . . ." SECTION 5. Any person, firm or corporation violating any of the provisions of this ordinance or Coppell Code of Ordinances, as amended, hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of Coppell, Texas, shall be subject to a fine not to exceed the sum of Two Thousand ($2,000.00) dollars for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate offense. SECTION 6. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. 5 56821 DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2003. APPROVED: _________________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (JDD/ajh/cdb 6/18/03) 6 56821 DEPT: City Manager DATE: June 24, 2003 ITEM #: 12 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a Resolution of the City Council of the City of Coppell amending Resolution No. 102699.1 creating the Coppell Economic Development Committee, providing for appointment of members; and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: !Economic 1 A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, AMENDING RESOLUTION NO. 102699.1 BY AMENDING SECTION 2, PROVIDING FOR COMMITTEE MEMBERSHIP AND APPOINTMENT; PROVIDING FOR EX-OFFICIO MEMBERS; PROVIDING FOR THE REPEAL OF ANY AND ALL RESOLUTIONS IN CONFLICT; PROVIDING FOR SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City promotes economic development within the city of Coppell; and WHEREAS, the city of Coppell desires to include the Coppell Independent School District and the Coppell Chamber of Commerce. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That Section 2 of Resolution 102699.1 is hereby amended follows: “Section 2 (a) That the Committee shall be comprised of nine (9) members appointed by City Council for staggered two year terms. (b) In addition, the following may be appointed by City Council as non-voting ex-officio members of the Committee: Two (2) City Council Members, two (2) members of the Coppell Chamber of Commerce, and one (1) member of the Coppell Independent School District Board.” SECTION 2.All resolutions of the city of Coppell heretofore adopted which are in conflict with the provisions of this resolution be, and the same are hereby repealed, and all resolutions of the city of Coppell not in conflict with the provisions hereof shall remain in full force and effect. SECTION 3. If any article, paragraph, subdivision, clause or provision of this resolution, as hereby amended, be adjudged invalid or held unconstitutional for any reason, such judgment or holding shall not affect the validity of this resolution as a whole or any part or provision thereof, as amended hereby, other than the part so declared to be invalid or unconstitutional. 2 SECTION 4. This resolution shall take effect immediately for appointments commencing in October 2003 from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2003. APPROVED: _________________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY DATE: June 24, 2003 ITEM #: 13 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DATE: June 24, 2003 ITEM #: 14 AGENDA REQUEST FORM MAYOR AND COUNCIL REPORTS A. Repor t by Mayor Stover regarding Council Retreat B. Repo r t by Mayor Stover regarding July 4th Celebration C. Repor t by Mayor Pro Tem Peters regarding TML Legislative Wrapup. Agenda Request Form - Revised 09/02 Document Name: %mayorreport DATE: June 24, 2003 ITEM #: 15 AGENDA REQUEST FORM COUNCIL COMMITTEE REPORTS A. Carrollton/Farmers Branch ISD/Lewisville ISD - Councilmember Suhy. B. Coppell ISD - Councilmembers Raines and York. C. Coppell Seniors - Councilmember York. D. Dallas Regional Mobility Coalition - Mayor Pro Tem Peters. E. Economic Development Committee - Mayor Pro Tem Peters and Councilmember Brancheau. F. Metrocrest Hospital Authority - Councilmember Tunnell. G. Metrocrest Social Service Center - Councilmember Brancheau. H. Nor th Texas Council of Governments - Councilmember Tunnell. I. NCTCOG - Emergency Management Planning Council - Councilmember Suhy. J. Nor th Texas Commission - Councilmember Tunnell. K. Senior Adult Ser vices - Councilmember Suhy. L. Town Center/Architectural Committee - Councilmember Faught. M. Trinity River Common Vision Commission - Councilmember Faught. N. Trinity Trail Advisor y Commission - Councilmember Raines. Agenda Request Form - Revised 06/03 Document Name: %ccommreport DATE: June 24, 2003 ITEM #: 16 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec